The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1887-05-19
feast. Tho company lnsnally remaina at
table over two hours on these ,occaaionB,
during this % In other administrations. b
JUDGE FAULKNEn's ELECTION.

JuDGE fAuLhNEl'o ELbtIlONs
A Lawyer wants to Know Whether II IL All
Wool and n Yard Wide.
TO tht Editor ottte htelliomoer. ~
siR:-There aeemH to be variety Of
opinions in respect to whether or, not the
extra session Of the Legislature called to.
gethct by tho Governor, had the right to
elect u United States Senator. Without,
at this time expressing any views or
opinions % 10 what may have been said |
through the public press OF the State, as |
regards the right, desire simply 10 call |
the attention OF the readers Of your valua-
bic paper 10 question which l regard as |
Of more Significance than OF the right Of |
the eaid Legislature to elect United
States Senator. tits this: Was the Hon. |
Charles Jeema Faulkner eligible to the |
Office Of Senator OF the United States at
the time OF his election?
This ia question OF vital importance,
tho solvency Of which irrespective OF the
right to elect, will no doubt enter into and
constitute the most potent grounds upon
the part OF those who will insist upon the
United Slstes Senate ignoring his claim,
and II Ia 10 this Question I desire 10 call
The special attention Of those who have
recently vented their opinions through
the public prees OF our State. %
The constitution Of our State, Article
! 5, Section IL, provides for the commits.
sioning Of judges by the Governor, the
salary Of the Supreme Court Of Appeals
and circuit judges, etc.; In addition to this
thefollowing provisio appears: "Nojudge,
during his term Of office, ahall practice the
profession Of law, or hold any other Office,
Impeachment or public trust under this or
any othor government, and the accept
ance thereof shall yacste his Judicial Office.
Nor shall he, during his continuance
therein, be eligible to any political Office"
II strikes me, therefore, that by the ex-
press terms and provisions Of our consti.
tuition, Charles Jcems Faulkner was no.
eligible to be voted for for the Office Of
United Ststes Senator, he being, ut the
time Of his election, Judge OF the Thirteenth
Judicial Circuit Of this State. 1t may be
commended, however, that the Constitution
Of the United States, Article l, Sec
| tion 8, designates wha. shall be the quail
iicstiona necessary to entitle a person to
be voted Tor elected to the office OF United
Senator, whilst that Is true, 1t neverthe.
less follows that in addition TO such quail.
ication other qualifications may bs i'm
posed by the State from the Senator
comes, go that those qualifications are not,
In any way, inimicsl to the Constitution
Of the United States and the laws made in
pursuance thereof. We submit that the
u Constitution Of our State had the IN.
doubted right to impose other quatiGca-
tons in addition to those required by the
Constitution Of tho United Ststes, and
| having done 80, and the said Faulkner
failing to possess these necessary qualities
tons he became ineligible to hold eaid
office. It YVES the intention Of the State
Constitution to place an inhibition upon
that class OF persons from holding any pc.
!, litical office. Certainly no one will cor
tend that tho Office Of United States Sen.
ator is not a political office. The word
eligible, means proper to be chosen !:
: lqualitied to be elected legally qualified !;
!, Undoubtedly referring as to his eligibility
to the time he was choaen, and not after.
wards. Because, if afterwards, the fran.
ers OF our Constitution would not have
used the words during his continuance
therein"
II uotS BUELL. W lus tubb llEEe CUulQ Do
any mistake in the meaning aud constrrc-
ton Of our constitution, and that the broad
Language used in the organic Law OF our
Estate ought to convince the most ten
lacious. Then il there has been no cleo.
|tion, by the Leeislsttre ;an4 We don't con-
cede they had tie votes 10 elect, Lucas,
certainly, is pri0aEIlY our Senator by
reason OF ths appd iHtnlens made by the
Governor. Amongst all the cases that
have been cited by thoee who hold that
Faulkner ia tho legal Senator elect, none
OF them apply to the case in point, as
|careful examination will show. The
Identical QUESTION, raised in this ccae, has
ma yet never been decided. The question
being new ono, We arc fully aware
that these views will BIZ antagoniz I'd, and
they are only thrown out as mere leeler,
having been hastily considered and Tor the
purpose Of drawing out M expression from
those who were engaged in the election OF
the Senator as well az those who oppose
the election. RS u.
Richie Court House, ". Va May II, 1887.
| -S<-